THE OPTION TRACKER TERMS OF SERVICE Last Updated: September 30, 2025

Welcome to The Option Tracker (“we,” “us,” “our,” or “Company”), an educational data platform providing subscription-based options trading alerts, insights, and data for informational and learning purposes only. By accessing or using our website at www.theoptiontracker.com (“Website”) or any services, including SMS-based alerts, Weekly Insights, Weekly Data, Monthly Trends, Monthly Statistical Analysis, and optional white papers (“Services”), you (“User,” “you,” or “your”) agree to be bound by these Terms of Service (“Terms”). If you do not agree, you must not access or use the Website or Services.

THE SERVICES ARE FOR EDUCATIONAL PURPOSES ONLY AND ARE NOT FINANCIAL ADVICE. OPTIONS TRADING INVOLVES SIGNIFICANT RISKS, INCLUDING THE POTENTIAL FOR TOTAL LOSS OF INVESTMENT. PLEASE READ THESE TERMS CAREFULLY.

1. Acceptance of Terms

1.1 Agreement to Terms By accessing or using the Website or Services, you agree to these Terms, our Privacy Policy (available at www.theoptiontracker.com/privacy), SMS-specific terms for our Constant Contact messaging service, and any referenced policies (collectively, the “Agreement”). We may update these Terms at our discretion, effective upon posting to the Website and notice via email, SMS, or Website announcement. Continued use after notice constitutes acceptance. To reject updates, cancel your account within 15 days as per Section 6.4. If you disagree with updated Terms, discontinue use immediately.

1.2 Eligibility You must be at least 18 years old and have legal capacity to enter contracts under applicable law. By using the Services, you represent and warrant that you meet these requirements and are not barred from using the Services under any laws.

1.3 Geographic Restrictions The Services are intended primarily for use in the United States and are not available in jurisdictions where prohibited, including countries under U.S. sanctions (e.g., Iran, North Korea, Cuba, Syria, or certain regions of Ukraine). We may block access from such areas using IP detection, and continued use may result in account termination. You warrant that you are not located in these jurisdictions and comply with all applicable federal, state, and local laws, including consumer protection regulations.

1.4 International Users Services are provided in English, with payments in U.S. dollars. International users are responsible for currency conversion fees, exchange rate fluctuations, additional charges by payment providers, and compliance with local laws regarding financial education and options trading.

1. Nature of Services

2.1 Service Overview The Option Tracker provides educational options trading alerts, Weekly Insights, Weekly Data, Monthly Trends, and Monthly Statistical Analysis to inform Users about market activity for learning purposes only. These are not trade recommendations or financial advice. Alerts focus on significant option price movements (e.g., block trades) identified via our proprietary methodology. Weekly Insights cover economic data, sector performance, and market movers. Weekly Data summarizes real-time option flow trends. Monthly Trends provide post-OPEX (option expiration) analysis of option activity. Monthly Statistical Analysis offers a comprehensive overview of market trends, with optional academic-level white papers available by emailing information@theoptiontracker.com. A future tracking feature will allow Users to receive SMS alerts for selected trades at every plus or minus 5% value change (configurable 3%–10%, default 5%), to be announced via Website, email, or SMS.

2.2 Frequency of Services Alert frequency varies by market conditions, risk level, and Days to Expiration (DTE). Lower-risk, longer DTE trades (e.g., 60+ days) may have slower price movements, while shorter DTE, medium-to-high-risk trades (e.g., <30 days) may yield 1–20+ alerts daily on active market days. Weekly Insights and Weekly Data are emailed every Sunday. Monthly Trends are sent post-OPEX (third Friday of each month). Monthly Statistical Analysis is emailed at month-end. White paper subscribers (via information@theoptiontracker.com) receive monthly academic-level reports. The future tracking feature may increase alert frequency for opted-in Users. Manage preferences in account settings when available.

2.3 No Strict Pattern Alerts have no fixed schedule, as they respond to market conditions. Selection, timing, and frequency are at our sole discretion, based on market activity, trading volume, and our methodology. Users should not expect consistent patterns and must independently monitor trades and markets. The upcoming tracking feature will provide structured alerts for selected trades, subject to market conditions and our discretion.

2.4 Bid/Ask Dynamics and Order Fills Alerts are priced at the ask or bid-ask midpoint, based on real-time analysis of liquidity, spreads, and industry-standard feeds (e.g., Bloomberg, Refinitiv), with algorithms kept confidential. SMS alerts are sent as quickly as processed, subject to network or third-party provider (e.g., Twilio) delays (see Section 4.6). Users must verify their trading platform’s compatibility with alerted price increments (e.g., $1.07 vs. $1.05/$1.10), as broker capabilities vary. We typically round to .05 increments unless market conditions require otherwise. Due to market dynamics (liquidity, spreads, timing, latency, broker policies), prices may differ upon receipt or execution, and exact fills are not guaranteed. Users are responsible for confirming platform compatibility and managing risks. Contact support@theoptiontracker.com for guidance, though no refunds or liability adjustments apply except per Section 6.6.

2.5 Risk Profile of Services Most alerts are medium to high risk, as lower-risk trades are less common among tracked investors. Alerts near earnings seasons or low DTE ETF out-of-the-money options (e.g., 7–14 days) are riskier due to volatility. Weekly Insights, Weekly Data, Monthly Trends, and Monthly Statistical Analysis educate on market dynamics but do not reduce trading risks. The tracking feature will not mitigate risks. Users must independently assess risks, as Services are educational only.

2.6 Monthly Statistical Analysis and White Papers The Monthly Statistical Analysis, which we send out via email at the end of each month, and the optional white papers, which we will send out via email to subscribers and post on our Website, are created utilizing artificial intelligence (AI), our proprietary data, and other resources to compile and analyze information for educational purposes. These materials may not always be 100% accurate, and they have not been vetted or approved by any academic institutions for their academic insights or results related to our data and SMS alert system. Users should not rely on them as definitive or authoritative sources and must independently verify any information before making trading decisions.

1. Risk Assessment and Classification

3.1 Inherent Risks of Options Trading Options trading is inherently risky, and all Services, even “low risk” alerts, carry significant risks, including total loss of investment. Market volatility can cause rapid price changes and substantial losses. Trading decisions are at your sole risk, and we are not liable for losses or damages. Consult a qualified financial advisor before trading. Services are not subject to Regulation Best Interest (Reg BI) or Form CRS, as they are educational only.

3.2 Risk Assessment Methodology We use expert analysis, proprietary data, and metrics like Volume, Open Interest, Delta, and Theta to assess and classify alert risks.

3.3 Risk Classification Alerts are classified as low, medium, or high risk based on our methodology, which may differ from standard definitions, considering factors like market volatility and expiration proximity.

3.4 Sole Authority We have sole authority to classify risks. Classifications reflect our expertise but do not eliminate risks. Users must independently evaluate trading decisions.

1. User Obligations

4.1 Compliance with Laws You agree to use Services in compliance with all applicable federal, state, and local laws, including SEC, FTC, and Telephone Consumer Protection Act (TCPA) regulations governing financial education and options trading.

4.2 Account Responsibilities To access Services, you may need an account, agreeing to:

Provide accurate, current registration information (name, email, mobile number, payment details).

Maintain credential security and notify us of breaches at support@theoptiontracker.com.

Be responsible for all account activities, including unauthorized access due to your failure to secure credentials.

4.3 Prohibited Conduct You agree not to:

Use Services unlawfully or misrepresent them as financial advice or guaranteed profit opportunities.

Copy, distribute, or reproduce content without written consent.

Disrupt Services (e.g., hacking, data scraping, introducing malicious code).

Share account credentials or resell Services.

Engage in harassing, threatening, or abusive behavior.

Spam or send unsolicited communications.

Reverse-engineer or interfere with Services functionality.

Use Services to compete with us (e.g., creating a similar alert service). We may suspend or terminate accounts for violations and pursue legal action to protect our interests.

4.4 Data Usage We collect limited personal data (name, email, mobile number, payment details) to manage subscriptions, deliver Services, and improve functionality. Third-party subprocessors (e.g., Twilio for SMS) are used, and we are liable for their compliance. Data breaches will be reported within 72 hours per applicable laws. Request data access, correction, or deletion at support@theoptiontracker.com. We comply with CCPA, GDPR, and other privacy laws, sharing data only for payment processing, SMS delivery, or legal obligations.

4.5 Consent to SMS Alerts Frequency You consent to 0–20+ daily SMS alerts based on market activity (Section 2.2). Manage preferences in account settings; unsubscribing from SMS does not stop billing (Section 6.7).

4.6 SMS Updates Opt-In Requirement SMS alerts require explicit opt-in during registration via a checkbox: “I agree to receive SMS text updates (0–20+ messages per day, depending on market activity, with potential delays of up to 10 seconds) as part of The Option Tracker Services, in accordance with the Terms of Service and Privacy Policy.” This complies with TCPA. Opt out via account settings; this does not cancel subscriptions (Section 6.7). Opt-out requests are processed within 24 hours with confirmation.

4.7 Email Communications and Opt-Out Option You will receive Weekly Insights and Weekly Data every Sunday, Monthly Trends post-OPEX, and Monthly Statistical Analysis at month-end via email. Opt into white papers by emailing information@theoptiontracker.com. Opt out of emails via account settings or unsubscribe links; this does not stop SMS alerts or billing (Section 6.7). Opt-out requests are processed within 24 hours with confirmation. Contact support@theoptiontracker.com for assistance.

1. Intellectual Property

5.1 Ownership All content, including alerts, Weekly Insights, Weekly Data, Monthly Trends, Monthly Statistical Analysis, white papers, graphics, software, and proprietary methodologies (“Content”), is owned by The Option Tracker or its licensors, protected by U.S. and international copyright, trademark, and intellectual property laws.

5.2 Limited License We grant a limited, non-exclusive, non-transferable, revocable license for personal, non-commercial use of Services and Content, subject to these Terms.

5.3 User Feedback Feedback submitted assigns all rights to us for any use without compensation or attribution.

5.4 User Content IP Compliance Do not submit infringing User Content (e.g., comments, posts). Report violations to support@theoptiontracker.com. We may remove content and terminate accounts for infringement under the Digital Millennium Copyright Act (DMCA) within 10 business days.

1. Subscriptions and Payments

6.1 Subscription Fees Access requires a paid subscription, with fees outlined on the Website, non-refundable except per Section 6.6.

6.2 Unique Codes Subscriptions may use unique codes for tracking and commissions per marketing agreements.

6.3 Billing and Auto-Renewal Subscriptions auto-renew (monthly or annually) until canceled, with fees charged to your payment method.

6.4 Cancellation Cancel via account settings or support@theoptiontracker.com. Requests are processed within 3 business days, with access until the billing period ends. No further charges apply post-cancellation.

6.5 Price Changes We may modify fees with 30 days’ notice via email, SMS, or Website. New fees apply to the next billing cycle; continued use constitutes acceptance.

6.6 Refund Policy Refunds are available only for the first month if requested within 7 days of the month’s end via support@theoptiontracker.com. No refunds apply for subsequent months or post-cancellation periods. For outages exceeding 24 hours, contact support for potential partial credit review, applied as a discount to the next billing cycle within 5 business days, if approved.

6.7 SMS Alerts, Email Communications, and Subscription Payments Unsubscribing from SMS alerts or emails does not stop subscription payments or cancel your account. Cancel via Section 6.4 to end billing. Failure to cancel results in continued charges, with no refunds for payments post-unsubscribe.

1. Disclaimer of Warranties

7.1 As-Is Basis Services and Content are provided “as is” and “as available” without warranties, express, implied, or statutory, including merchantability, fitness for a particular purpose, or non-infringement.

7.2 No Guarantee of Results We do not guarantee profitable trades, specific outcomes, or that Services meet expectations. Options trading risks total loss, and educational insights are for learning only, not trading decisions.

7.3 Third-Party Links Links to third-party sites (e.g., brokers, data providers) are not our responsibility. Use them at your own risk; inclusion does not imply endorsement.

7.4 Service Availability We strive for uninterrupted Services but do not guarantee it. Alerts may be delayed or unavailable due to maintenance, technical issues, or third-party provider failures. We are not liable for resulting damages.

7.5 Force Majeure We are not liable for Service failures due to events beyond our control (e.g., natural disasters, government actions, cyberattacks). If such events persist for 30 days, either party may terminate with notice, without refunds.

1. Limitation of Liability

8.1 Limitation To the maximum extent permitted by law, The Option Tracker, its officers, directors, employees, and affiliates are not liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising from Service use.

8.2 Cap on Liability Our total liability for any claim is limited to the amount you paid for Services in the prior 12 months, regardless of legal theory.

8.3 Risk Acknowledgment Trading decisions are your responsibility. We are not liable for losses due to market volatility, platform limitations, or misinterpretation of Services.

1. Indemnification

You agree to indemnify, defend, and hold harmless The Option Tracker, its officers, directors, employees, affiliates, and agents from claims, liabilities, damages, losses, or expenses (including attorneys’ fees) arising from:

Your use of Services in violation of these Terms or laws.

Misrepresenting Services as financial advice or guaranteed profits.

Infringing User Content or third-party claims (e.g., IP, defamation, privacy). This obligation survives account termination.

1. Termination

10.1 Termination by Us We may suspend or terminate access for violations, prohibited conduct, or risks to the platform, with or without notice.

10.2 Termination by You Cancel your account per Section 6.4. Prior obligations (e.g., fees) remain.

10.3 Effect of Termination Access ceases immediately upon termination. Account data is handled per our Privacy Policy. Request data copies within 30 days at support@theoptiontracker.com. Sections 5, 7, 8, 9, 11, and 12 survive termination.

10.4 Sales Representative Termination Conditions For Contractors under marketing agreements:

Upon a sales representative’s death, payments cease at month-end, with notice to support@theoptiontracker.com. No payments to estates.

Upon incarceration, we may terminate payments and contracts with notice, requiring documentation (e.g., court records).

1. Governing Law and Dispute Resolution

11.1 Governing Law and Jurisdiction These Terms are governed by Delaware law, without regard to conflict of law principles. Disputes are subject to exclusive jurisdiction in Wilmington, Delaware courts or arbitration panels.

11.2 Dispute Resolution Disputes require 15 days of good-faith negotiation. Unresolved disputes go to binding arbitration in Wilmington, Delaware, under American Arbitration Association (AAA) rules. We cover initial arbitration costs, with reimbursement by the losing party. The arbitrator’s decision is final. You waive class action or collective arbitration rights. Opt out of arbitration within 30 days at support@theoptiontracker.com; disputes then go to Wilmington courts.

1. Miscellaneous

12.1 Entire Agreement These Terms, Privacy Policy, SMS terms, and referenced policies form the entire agreement.

12.2 Severability Invalid provisions are modified to be enforceable; remaining provisions stay in effect.

12.3 No Waiver Failure to enforce rights is not a waiver. Waivers require written, signed consent.

12.4 Assignment You may not assign rights without our consent. We may assign rights freely (e.g., mergers).

12.5 Notices Notices to you are via email, SMS, or Website. Send notices to support@theoptiontracker.com with your account reference number.

1. Accessibility

We aim to comply with the Americans with Disabilities Act (ADA). Report accessibility issues to support@theoptiontracker.com. We acknowledge requests within 2 business days and target resolution within 10 business days.

1. Contact Us

For questions or feedback: The Option Tracker LLC Email: support@theoptiontracker.com

1. Referral Program

We may offer a referral program:

Request a unique referral code via email invitation.

Share for one-month memberships; earn one free month per successful referral.

Refunds for renewals take up to 5 business days.

Codes are non-transferable and void if misused.

Program may be modified or discontinued with 30 days’ notice via email or Website.